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AUSTIN v. STATE OF NEW YORK

125474

49 Misc.3d 282 (2015)

11 N.Y.S.3d 806

2015 NY Slip Op 25223

LOUISE AUSTIN, as Administratrix of the Estate of DARRYL AUSTIN, Deceased, Claimant, v. STATE OF NEW YORK, Defendant.

Court of Claims.

Decided June 8, 2015.

Attorney(s) appearing for the Case

Eric T Schneiderman , Attorney General ( Robert J. Schwerdt of counsel), for defendant.

Pierre Sussman, Esq. , P.C. for claimant.

OPINION OF THE COURT

The claim of Darryl Austin, who had been found dead in his prison cell on August 2, 2000, was filed on January 2, 2015 by his mother Louise Austin. The defendant State of New York has moved to dismiss the claim on the ground that it does not comply with the verification requirement of the Unjust Conviction...

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